81028 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 

the Office of Hearings and Appeals 

under part 4 of this title. If appealed, 

such orders shall remain in effect 

pending the decision on appeal unless 

a stay is granted. 

(e) Any person who violates a 

temporary closure or restriction order 

may be tried before a United States 

magistrate and fined in accordance with 

18 U.S.C. 3571, imprisoned no more 

than 12 months under 43 U.S.C. 1733(a) 

and § 8360.0–7, or both. 

Steven H. Feldgus, 

Deputy Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. 2023–25698 Filed 11–20–23; 8:45 am] 

BILLING CODE 4331–30–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2022–0081; 

FF09E21000 FXES1111090FEDR 234] 

RIN 1018–BF83 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

With Section 4(d) Rule for the Kern 

Canyon Slender Salamander and 

Endangered Species Status for the 

Relictual Slender Salamander; 

Designation of Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; revisions and 

reopening of comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are reopening 

the comment period on our October 18, 

2022, proposed rule to list the Kern 

Canyon slender salamander 

(Batrachoseps simatus) and the relictual 

slender salamander (Batrachoseps 

relictus) under the Endangered Species 

Act of 1973, as amended (Act), and to 

designate critical habitat. This action 

will allow all interested parties an 

additional opportunity to comment on 

the October 18, 2022, proposed rule, as 

well as the opportunity to comment on 

the new areas we are considering for 

relictual slender salamander critical 

habitat, small changes to Kern Canyon 

slender salamander critical habitat, and 

our updates to the physical or biological 

features for the Kern Canyon slender 

salamander, in response to previously 

submitted public comments. Comments 

previously submitted need not be 

resubmitted as they are already 

incorporated into the public record and 

will be fully considered in the final rule. 

DATES: The comment period on the 

proposed rule that published October 

18, 2022 (87 FR 63150), is reopened. We 

will accept comments received or 

postmarked on or before December 6, 

2023. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R8–ES–2022–0081, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R8–ES–2022–0081, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

Information Requested, below, for more 

information). 

Availability of supporting materials: 

This document and supporting 

materials (including the species status 

assessment report, the coordinates or 

plot points or both from which the 

critical habitat maps are generated, 

comments and information received on 

the proposed rule, the updated 

economic analysis, and references cited 

are available at https://

www.regulations.gov at Docket No 

FWS–R8–ES–2022–0081. 

FOR FURTHER INFORMATION CONTACT: 

Michael Fris, Field Supervisor, 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, Sacramento, CA 

95825; telephone 916–414–6700. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, please see Docket No. 

FWS–R8–ES–2022–0081 on https://

www.regulations.gov for a document 

that summarizes this proposed rule. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

We will accept written comments and 

information during this reopened 

comment period on our proposed rule to 

list the Kern Canyon slender salamander 

and the relictual slender salamander 

and designate critical habitat for both 

species. We will consider information 

and recommendations from all 

interested parties. We intend that any 

final action resulting from the proposal 

will be based on the best scientific data 

available. Our final determination will 

take into consideration all comments 

and any additional information we 

receive during the reopened comment 

period on the proposed rule. 

Because we will consider all 

comments and information received 

during both comment periods, our final 

determination may differ from our 

October 18, 2022 (87 FR 63150), 

proposed rule. Based on the new 

information we receive (and any 

comments on that new information), we 

may conclude that the Kern Canyon 

slender salamander is endangered 

instead of threatened, that the relictual 

slender salamander is threatened 

instead of endangered, or we may 

conclude that either or both species do 

not warrant listing as either endangered 

species or threatened species. For 

critical habitat, our final designation 

may not include all areas proposed, may 

include some additional areas that meet 

the definition of critical habitat, and 

may exclude some additional areas if we 

find the benefits of exclusion outweigh 

the benefits of inclusion and will not 

lead to the extinction of the species. 

In addition, we may change the 

parameters of the prohibitions or the 

exceptions to those prohibitions in the 

proposed 4(d) rule for the Kern Canyon 

slender salamander if we conclude it is 

appropriate in light of comments and 

new information received. For example, 

we may expand the prohibitions to 

include prohibiting additional activities 

if we conclude that those additional 

activities are not compatible with 

conservation of the species. Conversely, 

we may establish additional exceptions 

to the prohibitions in the final rule if we 

conclude that the activities would 

facilitate or are compatible with the 

conservation and recovery of the 

species. In our final rule, we will clearly 

explain our rationale and the basis for 

our final decision, including why we 

made changes, if any, that differ from 

this proposal. 

If you already submitted comments or 

information on the October 18, 2022, 

proposed rule, please do not resubmit 

them. Any such comments are 

incorporated as part of the public record 


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of the rulemaking proceeding, and we 

will fully consider them in the 

preparation of our final determination. 

Comments should be as specific as 

possible. Please include sufficient 

information with your submission (such 

as scientific journal articles or other 

publications) to allow us to verify any 

scientific or commercial information 

you assert. Please note that submissions 

merely stating support for, or opposition 

to, the action under consideration 

without providing supporting 

information, although noted, do not 

provide substantial information 

necessary to support our determination, 

as section 4(b)(2) of the Act directs that 

designations of critical habitat be made 

‘‘on the basis of the best scientific data 

available.’’ 

We request that you send comments 

and materials only by one of the 

methods listed in ADDRESSES. If you 

submit information via https://

www.regulations.gov, your entire 

submission—including your personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 

will be available for public inspection 

on https://www.regulations.gov at 

Docket No. FWS–R8–ES–2022–0081. 

Background 

On October 18, 2022, we published a 

proposed rule in the Federal Register 

(87 FR 63150) to list the Kern Canyon 

slender salamander as a threatened 

species with a critical habitat 

designation of approximately 2,051 

acres (ac) (830 hectares (ha)), and to list 

the relictual slender salamander as an 

endangered species with a critical 

habitat designation of approximately 

2,685 ac (1,087 ha). Both species are 

found in the southern Sierra Nevada 

mountains. 

During the comment period on the 

October 18, 2022, proposed rule, species 

experts submitted a comment letter 

stating that they had discovered several 

new locations where the relictual 

slender salamander occurs. In their 

comment letter, they stated that they 

were concerned about sharing these new 

locations due to the potential for 

increased foot traffic and possible 

disturbance of sensitive habitat for the 

species. After the comment period 

closed, we met with the experts to 

discuss the risks of sharing the new 

locations and the lead researcher then 

subsequently provided us the new 

location data in a way that was 

consistent with our critical habitat 

mapping methods but does not reveal 

the specific site locations that may be 

sensitive to trampling and disturbance. 

Based on these new data for the 

relictual slender salamander, we have 

expanded Unit 2 and Unit 3 within the 

proposed designation to include the 

new locations that contain the physical 

or biological features essential to the 

conservation of the species. We also 

added a new unit to proposed critical 

habitat to include new locations in the 

Walker Basin Drainage that also contain 

the physical or biological features 

essential to the conservation of the 

species (Unit 4). We are adding 2,257 ac 

(913 ha) to critical habitat for a new 

total of 4,942 ac (2,000 ha) proposed for 

designation for the relictual slender 

salamander. In addition, the experts 

noted an error in the mapping of Kern 

Canyon slender salamander critical 

habitat and identified one additional 

location within proposed Unit 3 where 

the Kern Canyon slender salamander 

occurs and which contains the physical 

or biological features essential to the 

conservation of the species. We have 

proposed to modify Unit 3 of the 

proposed designation for the Kern 

Canyon slender salamander to 

incorporate these changes. In total, these 

changes result in an additional 6 ac (2 

ha) of critical habitat for the Kern 

Canyon slender salamander. 

The experts also provided information 

that the Kern Canyon slender 

salamander makes use of a broader 

range of habitats than was stated in the 

proposed rule. They stated that the Kern 

Canyon slender salamander has been 

frequently found on open, rocky slopes 

adjacent to streams. We therefore 

updated our physical or biological 

features for the Kern Canyon slender 

salamander in order to reflect this new 

information. 

Because we received the new location 

data outside the public comment period, 

we now reopen the comment period to 

allow for the public to review and 

comment on the new information and 

the revisions to the proposed critical 

habitat designation. Below, we provide 

a summary of that information. We 

provide a new description of the 

physical or biological features for the 

two species that have been updated in 

response to the new information. We 

also provide the new unit descriptions 

for the units that have changed and the 

units that are being added. 

Physical or Biological Features 

Essential to the Conservation of the 

Species 

Space for Individual and Population 

Growth and for Normal Behavior 

The Kern Canyon slender salamander 

and the relictual slender salamander are 

endemic to, and occur within or 

immediately adjacent to, humid habitat 

associated with seeps, springs, and 

streams in the Greenhorn and Piute 

Mountains in the southern Sierra 

Nevada in Kern County. The Kern 

Canyon slender salamander’s habitat is 

constrained to riparian zones adjacent to 

seeps, springs, and streams, and open, 

rocky slopes adjacent to streamside 

habitats that are likely being wetted by 

cryptic seeps. These seeps may not be 

readily apparent, but can be identified 

by the presence of moisture-dependent 

vegetation (Evelyn 2022, pers. comm.; 

Jockusch 2022, pers. comm.). The 

relictual slender salamander’s habitat is 

constrained to riparian zones adjacent to 

seeps, springs, and streams due to their 

narrow physiological tolerances. Habitat 

within larger fast-moving bodies of 

water, such as the Kern River, is not 

suitable habitat and does not contain the 

physical or biological features that 

support the Kern Canyon slender 

salamander or relictual slender 

salamander. 

Primary habitat for the Kern Canyon 

slender salamander is composed of wet 

stream and seep margins within rocky, 

narrow canyons supporting chapparal 

shrubs, sycamore (Platanus racemosa), 

California buckeye (Aesculus 

californica), willow (Salix spp.), 

Fremont cottonwood (Populus 

fremontii), interior live oak (Quercus 

wislizeni), canyon live oaks (Quercus 

chrysolepis), and foothill pine (Pinus 

sabiniana). Historically, the Kern 

Canyon slender salamander was found 

on exposed hillsides and open 

grasslands, but the primary habitat of 

the species is now limited to riparian 

habitats or other moist microsites 

(Lannoo 2005, p. 692; Jockusch 2021b, 

pers. comm.). However, the species is 

still found in open, rocky habitat within 

moist microsites that are likely being 

wetted by cryptic seeps (Evelyn 2022, 

pers. comm.; Jockusch 2022, pers. 

comm.). These seeps may not be readily 

apparent but can be identified by the 

presence of moisture-dependent 

vegetation. 

Primary habitat for the relictual 

slender salamander is composed of 

seeps, perennial springs, and streams in 

rocky habitat supporting limited tree 

cover of oaks (Quercus spp.), buckeyes 

(Aesculus spp.), sycamores (Platanus 


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racemosa), pines (Pinus spp.), and firs 

(Abies spp.). 

We do not know how much suitable 

habitat and habitat connectivity is 

required to sustain a viable population 

of either the Kern Canyon slender 

salamander or the relictual slender 

salamander. There may be distinct, noninterbreeding populations or there may 

be some level of dispersal between 

localities associated with the same 

streams or different aquatic features 

providing at least a small level of 

connectivity between individual 

populations. The minimum number of 

viable populations necessary to sustain 

the salamanders is unknown. The 

distribution and quantity of available 

suitable habitat across the range 

necessary to support populations of 

either the Kern Canyon slender 

salamander or the relictual slender 

salamander are unknown. 

While the amount of habitat necessary 

to support Kern Canyon slender 

salamander and relictual slender 

salamander individual and population 

growth and normal behavior is 

unknown, preservation of these features 

is essential for the species. 

Food, Water, Air, Light, Minerals, or 

Other Nutritional or Physiological 

Requirements 

The diets of the Kern Canyon slender 

salamander and the relictual slender 

salamander are assumed to be similar to 

other Batrachoseps species such as the 

California slender salamander and the 

Pacific slender salamander, which prey 

upon small invertebrates, earthworms, 

and slugs (Cunningham 1960, p. 98; 

Adams 1968, p. 171; Stebbins and 

McGinnis 2012, p. 127). The preyrelated requirements (abundance, 

diversity, range, etc.) to sustain a viable 

population of either species is 

unknown. 

Water is essential for survival of the 

Kern Canyon slender salamander and 

the relictual slender salamander. We 

have no specific information on the 

amount of water they require; however, 

both species are restricted to patches of 

humid habitat near sources of water 

such as small seeps, springs, and 

streams, even if the water source is not 

readily apparent. The relictual slender 

salamander has a closer association with 

water than other species of terrestrial 

salamanders as relictual slender 

salamanders have been found 

submerged in water and under cover 

objects with water beneath them. During 

times of drought, water sources may 

become scarce, and associated riparian 

areas may become hot and dry. The 

relictual slender salamander and the 

Kern Canyon slender salamander may 

need to expend more energy and time to 

search for new water sources and humid 

habitat or may restrict surface activity 

and foraging time to seek shelter in 

subterranean refugia to avoid 

desiccation during times of drought. 

Summary of Essential Physical or 

Biological Features for the Kern Canyon 

Slender Salamander 

We derive the specific physical or 

biological features essential to the 

conservation of the Kern Canyon 

slender salamander from studies of the 

species’ habitat, ecology, and life history 

as described below. Additional 

information can be found in the SSA 

report (Service 2022, entire; available on 

https://www.regulations.gov under 

Docket No. FWS–R8–ES–2022–0081). 

We have determined that the following 

physical or biological features are 

essential to the conservation of the Kern 

Canyon slender salamander: 

(1) Aquatic habitat consisting of 

seeps, springs, and streams. 

(2) Riparian habitat consisting of 

terrestrial areas adjacent to seeps, 

springs, and streams that contain: 

a. Sufficient refugia consisting of 

woody debris, leaf litter, and rocks with 

abundant interstitial spaces to facilitate 

safe resting, foraging, and movement; 

b. Suitable prey to allow for survival, 

growth, and reproduction; and 

c. Riparian vegetation that provides 

shade cover contributing to cool and 

moist surface conditions for maintaining 

homeostasis, foraging opportunities, and 

physical structure for predator 

avoidance. 

(3) Open, rocky slopes that are likely 

being wetted by cryptic seeps due to the 

presence of moisture-dependent 

vegetation. These slopes should be 

adjacent to streamside habitat and 

contain: 

a. Sufficient refugia consisting of 

debris, vegetation, and rocks with 

abundant interstitial spaces to facilitate 

safe resting, foraging, and movement; 

b. Suitable prey to allow for survival, 

growth, and reproduction; and 

c. Boulders and rocks that provide 

shade cover contributing to cool and 

moist surface conditions for maintaining 

homeostasis, foraging opportunities, and 

physical structure for predator 

avoidance. 

(4) Corridors of aquatic habitat, 

riparian habitat, or open, rocky slopes 

with moisture-dependent vegetation 

that provide connectivity between 

patches of occupied habitat to allow for 

movement of individuals. 

Summary of Essential Physical or 

Biological Features for the Relictual 

Slender Salamander 

We derive the specific physical or 

biological features essential to the 

conservation of the relictual slender 

salamander from studies of the species’ 

habitat, ecology, and life history as 

described below. Additional 

information can be found in the SSA 

report (Service 2022, entire; available on 

https://www.regulations.gov under 

Docket No. FWS–R8–ES–2022–0081). 

We have determined that the following 

physical or biological features are 

essential to the conservation of the 

relictual slender salamander: 

(1) Aquatic habitat consisting of 

seeps, springs, and streams. 

(2) Riparian habitat consisting of 

terrestrial areas adjacent to seeps, 

springs, and streams that contain: 

a. Sufficient refugia consisting of 

woody debris, leaf litter, and rocks with 

abundant interstitial spaces to facilitate 

safe resting, foraging, and movement; 

b. Suitable prey to allow for survival, 

growth, and reproduction; and 

c. Riparian vegetation that provides 

shade cover contributing to cool and 

moist surface conditions for maintaining 

homeostasis, foraging opportunities, and 

physical structure for predator 

avoidance. 

(3) Corridors of aquatic habitat or 

riparian habitat that provide 

connectivity between patches of 

occupied habitat to allow for movement 

of individuals. 

Proposed Critical Habitat Designation 

for the Kern Canyon Slender 

Salamander 

We are proposing to designate four 

units as critical habitat for the Kern 

Canyon slender salamander, for a total 

of approximately 2,057 ac (833 ha). The 

critical habitat areas we describe below 

constitute our current best assessment of 

areas that meet the definition of critical 

habitat for the Kern Canyon slender 

salamander. The areas we propose as 

critical habitat are: (1) Bodfish Creek, (2) 

Erskine Creek, (3) Kern Canyon 

Tributaries, and (4) Kern Canyon 

Tributaries and Connecting Creeks. 

Table 1 shows the proposed critical 

habitat units and the approximate area 

of each unit. Unit 3 overlaps with 

proposed critical habitat for the relictual 

slender salamander. 

For the Kern Canyon slender 

salamander, the three occupied units 

contain all of the identified physical or 

biological features and support multiple 

life-history processes, and the one 

unoccupied unit contains only some of 

the physical or biological features 


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necessary to support the Kern Canyon 

slender salamander’s particular use of 

that habitat. The unoccupied unit has 

aquatic habitat containing seeps, 

springs, and streams that support the 

life-history needs of the species. 

TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR THE KERN CANYON SLENDER SALAMANDER

[Area estimates reflect all land within critical habitat unit boundaries] 

Critical habitat unit Land ownership by type Size of unit Occupied? Changed since 

proposed rule? 

1. Bodfish Creek ................................................................. Federal ................................

Unclassified/Private .............

125 ac (50 ha) .........

19 ac (8) ..................

Yes .......... No. 

2. Erskine Creek ................................................................. Federal ................................

Unclassified/Private .............

182 ac (74 ha) .........

259 ac (105 ha) .......

Yes .......... No. 

3. Kern Canyon Tributaries ................................................ Federal ................................

Unclassified/Private .............

1,383 ac (560 ha) ....

32 ac (13 ha) ...........

Yes .......... Yes. 

4. Kern Canyon Tributaries and Connecting Creeks ......... Federal ................................

Unclassified/Private .............

25 ac (10 ha) ...........

32 ac (13 ha) ...........

No ............ No. 

Total ............................................................................ .............................................. 2,057 ac (833 ha).

Note: Area sizes may not sum due to rounding. 

Below we provide the description of 

the unit that has been updated since the 

proposed rule. 

Unit 3: Kern Canyon Tributaries 

We expanded this unit to include 

additional habitat occupied by the Kern 

Canyon slender salamander that 

contains the physical or biological 

features essential to the conservation of 

the species. We also removed one 

occurrence mapped in error; the total 

change is 6 ac (2 ha) added to the unit. 

In total, this unit encompasses 1,415 ac 

(573 ha) within Kern County in Sequoia 

National Forest in the Kern Canyon. 

This unit includes segments of streams 

and small tributaries that feed into the 

Kern River and associated riparian 

habitat on the south side of the Kern 

Canyon. Small streams within steep 

ravines and narrow canyons provide 

habitat for the Kern Canyon slender 

salamander within this unit. The 

mainstem of the Kern River is not 

considered to be habitat for the Kern 

Canyon slender salamander within this 

unit. Some of the habitat within this 

unit is fragmented by highway 

California State Route 178, single lane 

roads, and recreational development. 

The majority of habitat in this unit is 

federally owned by the U.S. Forest 

Service (USFS). General land use 

activities on Federal lands within the 

unit include forest management (for 

example, fuels reduction, hazard tree 

management, forest restoration, 

prescribed fire), grazing, highway 

maintenance, and recreational 

development. Smaller tracts of habitat 

are owned by private entities and 

contain a small amount of residential 

and recreational development. Wildfire 

and climate change are the primary 

ongoing threats to habitat within this 

unit. Physical or biological features in 

this unit may require special 

management considerations or practices 

to protect them from impacts associated 

with California State Route 178 and 

other roads, forest management, 

recreational development, residential 

development, and grazing. This unit 

includes all the physical or biological 

features. This unit is considered 

occupied. 

Proposed Critical Habitat Designation 

for the Relictual Slender Salamander 

We are proposing to designate four 

units as critical habitat for the relictual 

slender salamander, for a total of 

approximately 4,942 ac (2,000 ha). The 

critical habitat areas we describe below 

constitute our current best assessment of 

areas that meet the definition of critical 

habitat for the relictual slender 

salamander. The four areas we propose 

as critical habitat are: (1) Kern Canyon 

Tributaries, (2) Lucas Creek, (3) Mill 

Creek and Flying Dutchman Creek, and 

(4) Walker Basin Drainage. Table 2 

shows the proposed critical habitat 

units and the approximate area of each 

unit. Unit 1 overlaps with proposed 

critical habitat for the Kern Canyon 

slender salamander. 

For the relictual slender salamander, 

the three occupied units contain all of 

the identified physical or biological 

features and support multiple lifehistory processes, and the one 

unoccupied unit contains only some of 

the physical or biological features 

necessary to support the relictual 

slender salamander’s particular use of 

that habitat. The unoccupied unit has 

aquatic habitat containing seeps, 

springs, and streams that support the 

life-history needs of the species. 

TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR THE RELICTUAL SLENDER SALAMANDER

[Area estimates reflect all land within critical habitat unit boundaries] 

Critical habitat unit Land ownership by type Size of unit Occupied? Changed since 

proposed rule? 

1. Kern Canyon Tributaries ................................................ Federal ................................

Unclassified/Private .............

713 ac (289 ha) .......

10 ac (4 ha) .............

No ............ No. 

2. Lucas Creek ................................................................... Federal ................................

Unclassified/Private .............

1,109 ac (449 ha) ....

26 ac (11 ha) ...........

Yes .......... Yes. 

3. Mill Creek and Flying Dutchman Creek ......................... Federal ................................

Unclassified/Private .............

2,500 ac (1,012 ha)

151 ac (61 ha) .........

Yes .......... Yes. 

4. Walker Basin Drainage .................................................. Federal ................................

Unclassified/Private .............

419 ac (169 ha) .......

14 ac (6 ha) .............

Yes .......... New unit. 

Total ............................................................................ .............................................. 4,942 ac (2,000 ha).

Note: Area sizes may not sum due to rounding. 


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We present brief descriptions of all 

changed and new units, and reasons 

why they meet the definition of critical 

habitat for the relictual slender 

salamander, below. 

Unit 2: Lucas Creek 

We have expanded this unit to 

include an additional 372 ac (151 ha) to 

incorporate new occurrences of the 

species; these new areas contain the 

physical or biological features essential 

to the conservation of the species. In 

total, this unit encompasses 1,135 ac 

(460 ha) within Kern County to the 

south of the Kern Canyon in Sequoia 

National Forest. This unit extends south 

from the Kern Canyon along Lucas 

Creek and unnamed tributaries to Lucas 

Creek on Breckenridge Mountain. Land 

within this unit is largely undeveloped 

and only sparsely fragmented by singlelane roads, recreational development, 

and small parcels that contain 

residential development. Most of the 

habitat in this unit is federally owned 

by the USFS. General land use activities 

on Federal lands within the unit include 

forest management (for example, fuels 

reduction, timber harvest, hazard tree 

management, forest restoration, 

prescribed fire), grazing, road 

maintenance, and recreational 

development. Wildfire and climate 

change are the primary ongoing threats 

to the habitat in this unit. Physical or 

biological features in this unit may 

require special management 

considerations or practices to protect 

them from impacts associated with 

forest management, roads, recreational 

development, residential development, 

and grazing. This unit includes all the 

physical or biological features and is 

considered occupied. 

Unit 3: Mill Creek and Flying Dutchman 

Creek 

We have expanded this unit to 

include an additional 1,452 ac (588 ha) 

to incorporate new occurrences of the 

species; these new areas contain the 

physical or biological features essential 

to the conservation of the species. In 

total, this unit encompasses 2,651 ac 

(1,073 ha) within Kern County to the 

south of the Kern Canyon primarily 

within Sequoia National Forest. This 

unit extends south from the Kern 

Canyon along Mill Creek and unnamed 

tributaries to Mill Creek on 

Breckenridge Mountain. The unit also 

includes habitat associated with Flying 

Dutchman Creek and unnamed 

tributaries to Flying Dutchman Creek on 

Breckenridge Mountain. Land within 

this unit is largely undeveloped and 

only sparsely fragmented by single-lane 

roads and some recreational 

development. The majority of habitat in 

this unit is federally owned by the USFS 

and the Bureau of Land Management 

(BLM), and a few tracts of habitat are 

owned by private entities. General land 

use activities on Federal lands within 

this unit include forest management (for 

example, timber harvest, fuels 

reduction, hazard tree management, 

forest restoration, prescribed fire), 

grazing, road maintenance, and 

recreational development. Wildfire and 

climate change are the primary ongoing 

threats to the habitat in this unit. 

Physical or biological features in this 

unit may require special management 

considerations or practices to protect 

them from impacts associated with 

forest management, roads, recreational 

development, and grazing. This unit 

includes all the physical or biological 

features and is considered occupied. 

Unit 4: Walker Basin Drainage 

This unit encompasses 433 ac (175 

ha) within Kern County on the eastern 

slope of Breckenridge Mountain 

primarily within Sequoia National 

Forest. This unit extends along four 

unnamed tributaries within the Walker 

Basin drainage. Land within this unit is 

largely undeveloped and only sparsely 

fragmented by recreational 

development. The majority of habitat in 

this unit is federally owned by the 

USFS, and a small area of habitat is 

privately owned. General land use 

activities on Federal lands within this 

unit include forest management (for 

example, timber harvest, fuels 

reduction, hazard tree management, 

forest restoration, prescribed fire), 

grazing, and recreational development. 

Wildfire and climate change are the 

primary ongoing threats to the habitat in 

this unit. Physical or biological features 

in this unit may require special 

management considerations or practices 

to protect them from impacts associated 

with forest management, recreational 

development, and grazing. This unit 

includes all the physical or biological 

features and is considered occupied. 

Authors 

The primary authors of this document 

are the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Sacramento Fish and 

Wildlife Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Proposed Regulation Promulgation 

Accordingly, we propose further to 

amend part 17, subchapter B of chapter 

I, title 50 of the Code of Federal 

Regulations, as proposed to be amended 

at 87 FR 63150 (October 18, 2022) as set 

forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Further amend § 17.95(d), as 

proposed to be amended at 87 FR 63150, 

by: 

■ a. In the entry for ‘‘Kern Canyon 

Slender Salamander (Batrachoseps 

simatus)’’, revising paragraphs (2), (5), 

and (8); and 

■ b. In the entry for ‘‘Relictual Slender 

Salamander (Batrachoseps relictus)’’, 

revising paragraphs (5), (7), and (8) and 

adding paragraph (9). 

The revisions and additions read as 

follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(d) Amphibians. 

* * * * * 

Kern Canyon Slender Salamander 

(Batrachoseps simatus) 

* * * * * 

(2) Within these areas, the physical or 

biological features essential to the 

conservation of Kern Canyon slender 

salamander consist of the following 

components: 

(i) Aquatic habitat consisting of seeps, 

springs, and streams; 

(ii) Riparian habitat consisting of 

terrestrial areas adjacent to seeps, 

springs, and streams that contain: 

(A) Sufficient refugia consisting of 

woody debris, leaf litter, and rocks with 

abundant interstitial spaces to facilitate 

safe resting, foraging, and movement; 

(B) Suitable prey to allow for survival, 

growth, and reproduction; and 

(C) Riparian vegetation that provides 

shade cover contributing to cool and 

moist surface conditions for maintaining 

homeostasis, foraging opportunities, and 

physical structure for predator 

avoidance. 

(iii) Open, rocky slopes that are likely 

being wetted by cryptic seeps due to the 

presence of moisture-dependent 

vegetation. These slopes should be 

adjacent to streamside habitat and 

contain: 

(A) Sufficient refugia consisting of 

debris, vegetation, and rocks with 

abundant interstitial spaces to facilitate 

safe resting, foraging, and movement; 


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(B) Suitable prey to allow for survival, 

growth, and reproduction; and 

(C) Boulders and rocks that provide 

shade cover contributing to cool and 

moist surface conditions for maintaining 

homeostasis, foraging opportunities, and 

physical structure for predator 

avoidance. 

(iv) Corridors of aquatic habitat, 

riparian habitat, or open, rocky slopes 

with moisture-dependent vegetation 

that provide connectivity between 

patches of occupied habitat to allow for 

movement of individuals. 

* * * * * 

(5) Index map follows: 

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Figure 1 to Kem Canyon Slender Salamander (Batrachoseps simatus) paragraph (5) 

Index Map of Critical Habitat Units for the Kern Canyon Slender Salamander 

Kem Canyon Tributaries 

Unit3 

Location Index 

~ Critical Habitat ~N 

1.25 2.5 5 W E 

--c:::==----Miles s 0 1•

75 3•5 7Kilometers 

Kem Canyon Tributaries and 

Connecting Creeks 

Unit4 
81034 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 

* * * * * 

(8) Unit 3: Kern Canyon Tributaries, 

Kern County, California. 

(i) Unit 3 consists of 1,415 ac (573 ha) 

in Kern County. Nearly all land in the 

unit (1,383 ac (560 ha)) is owned by 

USFS (in Sequoia National Forest) and 

BLM, and the remainder is owned by 

private entities. This unit includes land 

along the southern bank of the Kern 

River from river mile 45.6 to 64.2. 

(ii) Map of unit 3 follows: 

* * * * * 

* * * * * Relictual Slender Salamander 

(Batrachoseps relictus) 

* * * * * 

(5) Index map follows: 


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Figure 4 to Kem Canyon Slender Salamander (Batrachoseps simatus) paragraph (8)(ii) 

Location Index 

Critical Habitat for the Kern Canyon Slender Salamander 

Unit 3 - Kern Canyon Tributaries 

;/~/ 

i I ,,- I 

/ . . 

~ ! . 

r; 

\I~\ 

,,, r I 

- Critical Habitat 

~ _____,/ ca· 

H 

0 1.25 2.5 5 

----=====:::::11------Miles 

0 2 4 8 

Kilometers 
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 81035 

* * * * * 

(7) Unit 2: Lucas Creek, Kern County, 

California. 

(i) Unit 2 consists of 1,135 ac (460 ha) 

in Kern County. Nearly all of the land 

(1,109 ac (449 ha)) is within the 

boundaries of Sequoia National Forest, 

and a small area is privately owned. 

This unit extends south from the Kern 

Canyon along Lucas Creek and 

unnamed tributaries to Lucas Creek on 

Breckenridge Mountain. 

(ii) Map of Unit 2 follows: 


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Figure 1 to Relictual Slender Salamander (Batrachoseps relictus) paragraph (5) 

Index Map of Critical Habitat Units for the Relictual Slender Salamander 

~ Critical Habitat ~ 

0 __ 1_.5===-3----6MifeYE 

0 2 4 8 s 

Kilometers 

Mill Creek and 

Flying Dutchman Creek 

Unit 3 
81036 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 

(8) Unit 3: Mill Creek and Flying 

Dutchman Creek, Kern County, 

California. 

(i) Unit 3 consists of 2,651 ac (1,073 

ha) in Kern County. The majority of 

land (2,500 ac (1,012 ha)) is within the 

boundaries of Sequoia National Forest, 

and a small area is privately owned. 

This unit extends south from the Kern 

Canyon along Mill Creek and unnamed 

tributaries to Mill Creek on 

Breckenridge Mountain. 

(ii) Map of Unit 3 follows: 


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Figure 3 to Relictual Slender Salamander (Batrachoseps re/ictus) paragraph (7)(ii) 

~ 

,t 

( j ' l / 

Kern ( r' 

RiverV / 

( 

Critical Habitat for the Relictual Slender Salamander 

Unit 2 - Lucas Creek 

) ) r 

5 

~ I I ? r' 

\ 
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 81037 

(9) Unit 4: Walker Basin Drainage, 

Kern County, California. 

(i) Unit 4 consists of 433 ac (175 ha) 

in Kern County. The majority of habitat 

in this unit (419 ac (169 ha)) is federally 

owned by the USFS, and a small area of 

habitat is privately owned. This unit 

extends along four unnamed tributaries 

within the Walker Basin drainage. 

(ii) Map of Unit 4 follows: 

Figure 5 to Relictual Slender 

Salamander (Batrachoseps relictus) 

paragraph (9)(ii). 


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Figure 4 to Relictual Slender Salamander (Batrachoseps re/ictus) paragraph (8)(ii) 

Critical Habitat for the Relictual Slender Salamander 

Unit 3 - Mill Creek and Flying Dutchman Creek 

v ~ ...-----, \-...------~ 

Lucas Creek 

I , 

~ l/ V ~ / -------~ / f I / / 

- Critical Habitat w+ 

0 1.25 2.5 5 S E 

---~=======--------Miles 

0 2 4 8 

---~=======--------Kilometer 

\ Y4'\ ) .,~_,_~, 

,~ ;r1 J ' I I / ~ v~ 

----../ Caliente Bodfish 1 

Hwy 

v 

- , ~ 

. • ~ 

'f: 11 ~~f ~\\_ 

-~, ~~ \ 

~ , --\ 

~~\ 

\ 

California 

Location 

~ Index 
81038 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Proposed Rules 

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–25622 Filed 11–20–23; 8:45 am] 

BILLING CODE 4333–15–C 


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Critical Habitat for the Relictual Slender Salamander 

Unit 4 - Walker Basin Drainage 

ish 

Lucas Creek 

~ Critical H:bltal 4 +· 

----=======-------Miles s 

0 1.75 3.5 7 

----======::::::1-------Kilometers 

~;a 

Location Index